IN THE CASE OF:	  

		BOARD DATE:	 3 November 2009 

		DOCKET NUMBER:  AR20090004518 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Air Medal and Army Commendation Medal.  He also asks that the DD Form 214 be corrected to reflect his "wartime" service and any awards associated with that service.  He also asks that his service with Company A, 2nd Battalion, 159th Aviation Regiment, from Fort Bragg, North Carolina, be documented on his DD Form 214.

2.  The applicant states his combat service and awards were not properly annotated at the time of his separation.

3.  The applicant provides a copy of his 1991 DD Form 214; orders confirming his deployment to Southwest Asia; orders assigning him to the 2nd Battalion, 159th Aviation Regiment, in February 1991 while deployed to Southwest Asia; evidence of his receipt of danger pay between January and April 1991; orders denoting his performance of duty as a crewmember; a copy of his flight records; and orders and a copy of the certificates awarding him the Air Medal and Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 1 September 1987.  Following completion of training he was assigned duties as a medium helicopter repairer at Fort Wainwright, Alaska, arriving in Alaska in April 1988.

3.  On 28 January 1991 he was deployed with his unit to Southwest Asia in support of Operation Desert Storm.  On 25 February 1991 he was assigned to the 2nd Battalion, 159th Aviation Regiment, 18th Aviation Brigade, out of Fort Bragg, North Carolina, but returned to his parent unit upon redeployment to Alaska in April 1991.

4.  Orders provided by the applicant and contained in his official military personnel file (OMPF) confirm that he was awarded the Air Medal for exceptionally meritorious achievement while providing aerial support in the Persian Gulf from 24 February 1991 through 7 March 1991 while assigned to the 18th Aviation Brigade.

5.  According to documents provided by the applicant, he was recommended for award of the Army Commendation Medal on 3 May 1991 in recognition of his meritorious service between April 1988 and July 1991 while assigned to his aviation unit in Alaska.  The awarded was initiated based on his separation from the Army.  The award was approved and confirmed in orders issued on 16 July 1991, but the award certificate was not signed until 13 April 1992.

6.  On 31 July 1991 the applicant was released from active duty with an honorable characterization of service.  Item 12f (Foreign Service) of his DD Form 214 reflects his 3 years, 2 months, and 28 days of foreign service which would have captured both his period of service in Alaska and his temporary duty in Southwest Asia.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not reflect the Air Medal, Army Commendation Medal, or any awards associated with service in Southwest Asia in support of Operation Desert Storm.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's release from active duty, made no special provisions for entering the location of an individual's overseas service or deployment.  It was not until the publication of the 2000 version of Army Regulation 635-5 that a statement reflecting the location and period that an active duty Soldier deployed with his or her unit to a foreign country was required to be entered on the DD Form 214.  There are also no provisions for recording various units of assignment on the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal.  The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, are defined as the area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  Members of the U.S. Armed Forces serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991 will also be eligible for this award.  Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater.  To be eligible, a service member must meet one or more of the following criteria:

	a.  attached to or regularly serving for 1 or more days with an organization participating in ground or shore (military) operations;

	b.  attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations;

	c.  actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above; and

	d.  serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.  These time limitations may be waived for people participating in actual combat operations.

9.  Appendix B of Army Regulation 600-8-22 lists three campaigns associated with the Southwest Asia Service Medal:  Defense of Saudi Arabia, 2 August 1990 to 16 January 1991; Liberation and Defense of Kuwait, 17 January 1991 to 11 April 1991; and the Southwest Asia Cease-Fire, 12 April 1991 to 30 November 1995.  This same regulation states that a bronze service star will be awarded for wear on the Southwest Asia Service Medal for participation in each designated campaign.

10.  Army Regulation 600-8-22 provides for awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).  The KLM-SA was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.  The KLM-KU was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence does confirm the applicant served in Southwest Asia in support of Operation Desert Storm and was briefly assigned to an organization from Fort Bragg, North Carolina, while deployed, there are no provisions for listing units of assignment or the locations of an individual's overseas assignments on the DD Form 214.

2.  The evidence does, however, confirm the applicant was awarded the Air Medal and it would be appropriate to add that decoration to his 1991 DD Form 214.

3.  The evidence also confirms the applicant was awarded the Army Commendation Medal and it would be appropriate to add that decoration to his 1991 DD Form 214.

4.  As noted earlier, the evidence does confirm the applicant served in Southwest Asia in support of Operation Desert Storm and as such is entitled to the Southwest Asia Service Medal with one bronze service star, the KLM-SA and the KLM-KU.  He is entitled to correction of his records to show these medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Air Medal, Army Commendation Medal, Southwest Asia Service Medal with one bronze service star, the KLM-SA, and the KLM-KU to the list of awards shown on his 1991 DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his assignment to the 18th Aviation Brigade and deployment to Southwest Asia on his 1991 DD Form 214.



      ___________x______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090004518



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004518



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1